The owners of an Aurora woman’s mortgage said they absolutely will file a foreclosure lawsuit to take her house because of claims that Colorado’s public trustee process is unconstitutional.

In a request to dismiss a federal lawsuit against them, lawyers for U.S. Bank on Thursday said they’ll pursue a foreclosure against Lisa Kay Brumfiel in Arapahoe County District Court “to remove any due process concerns” that come from a public trustee foreclosure.

U.S. District Judge William J. Martínez stopped the Arapahoe County public trustee from auctioning the house until he could hear evidence that Brumfiel’s constitutional rights were violated.

U.S. Bank is the trustee for an investment trust that owns the rights to mortgages bundled into securities that were sold in 2007 and included Brumfiel’s note.